Visas & Immigration

As Congress considers H-1B reform, APS asks that the uncapped portion of the H-1B program remain intact to help ensure the vitality of the not-for-profit elements of the U.S. scientific enterprise.

APS understands the need for thoughtful reform to the capped portion of the H-1B visa program to prevent abuse, but believes that the uncapped portion should stay intact.

The “capped portion” refers to the part of the H1-B program that provides a maximum of 85,000 H-1B visas available to U.S. companies annually. Of those, 20,000 are reserved for advanced degree holders, while 65,000 are available by lottery. There is abuse of the capped portion of the H-1B program that requires reform. For example, some outsourcing companies amass large numbers of H-1B visas, thereby directly limiting the opportunities for U.S. industry to acquire talent and potentially depressing salaries.

The “uncapped portion” refers to the the part of the H1-B program that provides H-1B visas to foreign nationals working at institutes of higher education, non-profit organizations, and government research organizations. There is no limit to the amount of this type of H-1B visa, and there is no evidence of abuse for this category.

APS firmly recognizes the importance of H-1B visas. The uncapped portion in particular is vital to the international competitiveness of the not-for-profit elements of the U.S. scientific enterprise.